Since the historic Held v. State of Montana trial began on June 12, 2023, in the Lewis and Clark County District Court in Helena, MT, Judge Kathy Seeley presiding, we have recorded and archived the audio testimony to preserve the record to inform our listeners, and allow you to hear for yourselves what transpired.

In this special Ecotones edition of Forthright Radio, we share the testimony of our own Bozeman youth plaintiffs, Claire Vlases and Georgianna “Georgi” Fischer.

For the first time in the United States, youth plaintiffs were able to present their case in a court of law, that their inalienable constitutional rights under Article II Section 3 of the Montana State Constitution “to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways.” ….. were being denied and violated by the policies and actions of their government. Further, that The State was in violation of their responsibilities as required under Article IX, Environment and Natural Resources, Section 1. Protection and Improvement that “The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations. Section 2. The legislature shall provide for the administration and enforcement of this duty. and Section 3. The legislature shall provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.”

Furthermore, the Montana State Constitution includes under Article II Declaration of Rights: Section 15. “Rights of persons not adults. The rights of persons under 18 years of age shall include, but not be limited to, all the fundamental rights of this Article unless specifically precluded by laws which enhance the protection of such persons.” It is said that it is the only state constitution to specify this, and the youth plaintiffs in Held v State of Montana are holding the state to the letter of this supreme law of the state of Montana.

In this special Ecotones edition of Forthright Radio, we bring you the testimony of two of the youth plaintiffs from Bozeman, MT, Claire Vlases and Georgianna “Georgi” Fischer. Although they and the other 14 youth plaintiffs are the first to have their case heard in the United States, they are by no means alone in their efforts. There are at least five other youth led climate change suits.

In the matter of Juliana v United States, filed by 21 young Americans in 2015, in the US District Court in Oregon, asserting that the federal government’s fossil fuel energy system and its affirmative actions that cause climate change violate their constitutional rights to life, liberty, and property, as well as their rights to essential public trust resources like air and water. It had seemed that the legal maneuvers by the administrations of Barack Obama and Donald Trump had succeeded in blocking their efforts. However on June 1, 2023, Federal Judge Ann Aiken, of the US District Court in Oregon, granted their motion to amend their complaint, putting their case back on track to trial, where evidence of the government’s conduct will be heard in open court.

These 21 youth plaintiffs are seeking a judicial declaration that the US fossil fuel energy system is unconstitutional, and violates their fundamental right to a safe climate. According to ourchildrenstrust.org’s website, “A victory in their case would mean that U.S. climate and energy policy – whether executive or legislative in nature, and regardless of political majority or party – would need to adhere to the court’s declaratory judgment, protecting the rights of our nation’s children and ending the physical and mental harm they have experienced due to the actions of their own government.”

However on June 22, 2023, The Department of Justice of the Biden Administration filed yet another motion to dismiss Juliana v. United States, one day after receiving an online petition signed by more than 255 organizations and over 50,000 individuals delivered by the People vs. Fossil Fuels coalition, urging Attorney General Merrick Garland to end opposition to the Juliana case proceeding to trial, and only two days after the plaintiffs rested their case in Held v. State of Montana, which now awaits the decision of Judge Cathy Seeley.

Meanwhile, the 14 youth plaintiffs in Navahine F. v Hawaii Department of Transportation, whose case was filed in June of 2022, succeeded on April 6, 2023 when the Environmental Court of First Circuit in Honolulu denied the State’s motion to dismiss. They are awaiting a trial date to be determined, after their motion to maintain their September, 2023 trial date was denied, when Judge Crabtree granted the State’s motion to continue the trial date to give the State more time to prepare their defense.

‘I cried like 10 times’: Bozeman plaintiffs reflect on youth climate trial https://www.bozemandailychronicle.com/news/environment/i-cried-like-10-times-bozeman-plaintiffs-reflect-on-youth-climate-trial/article_bbdb990a-11dc-11ee-aa76-a7baaf9171d7.html

Claire Vlases – Solar Makes Sense http://kgvm.org/show/claire-vlases-solar-makes-sense/

‘Nothing Short of Outrageous’: Attorneys for Youth Climate Plaintiffs Blast Biden DOJ https://www.commondreams.org/news/doj-dismiss-juliana-climate